Title: Intermediary liability for online copyright infringement in India: a trans-judicial dialogue

Authors: Sunidhi Setia; Samanvi Narang; Suhaib Salman

Addresses: OP Jindal Global Law School, Narela Road, Near Jagdishpur Village Sonipat, Haryana-131001, NCR of Delhi, India ' OP Jindal Global Law School, Narela Road, Near Jagdishpur Village Sonipat, Haryana-131001, NCR of Delhi, India ' Lawctopus, Sco 224, Level 1, Cabin 14, Sector 37C, Chandigarh 160036, India

Abstract: With the internet becoming a vital part of our day-to-day life and the enormous opportunities that it creates, its use and abuse also bring new challenges every day. The development of the internet not only enables access to quality information and data in seconds but also leads to economic issues due to mammoth intellectual property infringements. The authors in this work focus on the burgeoning intermediary liability for copyright infringement in the USA, and European Union with a brief discussion on laws in BRICS countries and Japan. Subsequently, the authors make a clear contrast in the approach of the judiciary to deal with such issues in India. Advocating a balanced mechanism to deal with copyright infringement on the internet, the authors suggest a harmonised international framework like the 'notice and take down'/'safe harbour' mechanism to limit the liability based on intermediaries' knowledge/awareness of the unauthorised communication and reproduction.

Keywords: intermediary liability; safe harbour; infringement; intellectual property; internet; copyright; actual knowledge; notice and take down; India.

DOI: 10.1504/IJIPM.2024.136111

International Journal of Intellectual Property Management, 2024 Vol.14 No.1, pp.17 - 32

Received: 08 Jan 2022
Accepted: 30 Apr 2022
Published online: 17 Jan 2024 *

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